DURBAN - A tax boss who knocked down and killed a Verulam grandfather has been sentenced to four years behind bars.
Siyabonga Patrick Hlongwa, 37, was found guilty of culpable homicide and contravening sections of the National Road Traffic Act in November.
This included failing to immediately stop his vehicle, failing to ascertain if anyone was injured, failing to render assistance to the injured person and failing to report the incident.
Last September, Hlongwa knocked down Harichand Kandhailall, 64, an artisan carpenter.
Kandhailall bought oil for his bakkie at Midas and was walking outside Midas on Ireland Street in Verulam when he was hit. He sustained multiple blunt force injuries.
In mitigation of sentence in the Verulam Regional Court on Thursday, Kandhailall’s son, Daryl, said the family forgave Hlongwa.
“The last time we were in court, we watched the video of the incident and watching him (Hlongwa), I could see he was remorseful.”
He confirmed his family accepted financial compensation from Hlongwa and his family. The amount was not revealed in court.
Under cross-examination, senior State advocate Krishen Shah said Daryl was seated behind Hlongwa during court proceedings and it was impossible for him to see the remorse on the accused’s face.
He also questioned if Daryl and his family would feel the same had they not received compensation.
To this, Daryl responded yes.
Hlongwa’s attorney, Teslyn David, said her client was remorseful and was ready to plead guilty to culpable homicide since the case began.
She requested he be given a suspended sentence.
However, Shah disagreed and labelled her argument as mischievous.
“The submission that he wanted to plea from the outset only emanated recently. He could have pleaded guilty last year after his arrest.”
Magistrate Jenny Pillay said drivers had a duty to be vigilant and Hlongwa, who was considered a professional driver because he transported passengers, should have been extra vigilant.
“The loss of life has occurred as a result of your negligent driving and indeed the court found grossly reckless driving on your part at that time. The loss of life warrants a more severe sentence.
“The court accepts that you were not conscious of the presence of the victim and while it was a comforting fact that you compensated the family for the funeral and other costs, and that the family found it within themselves to forgive you, all this will contribute towards your rehabilitation.”
He was sentenced to four years for culpable homicide and two years for contravening sections of the National Road Traffic Act. Both sentences will run concurrently.
Hlongwa’s licence was also suspended.